05-07-02A regular meeting of the Hopkins City Council was held on May 7, 2002, in the Council
Chambers of the Hopkins City Hall.
Present were Mayor Maxwell .and Council Members Brausen, Jensen, Johnson, and
Rowan. Also, present were staff members Mielke, Genellie, Stadler, Kerrigan, Bot,
Anderson, Reid, and City Attorney Jerre Miller.
I. CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:33 p.m.
OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
Peter Keller, 200 - 11th Ave N, said that he is not in favor of a sidewalk on his block of
2~d St N. Mr. Stadler explained that this block is the only block that does not have a
sidewalk and that it would require crossing the street twice if they put the sidewalk on
the other side of the street. Mayor Maxwell asked staff to get together with Mr. Keller to
talk about the sidewalk.
III. PRESENTATION
1. Oath of Office for Police Officer
Police Chief Craig Reid introduced the new Police Reserve Officer, Christopher Reid
Peterson. Officer Peterson swore the oath of office and his father, Reserve Officer
Sergeant Peterson, pinned his badge.
Chief Reid then introduced the new police officer, Robert Lynn Rebai. Officer Rebai
swore the oath of office and his wife pinned his badge.
IV. REPORTS -COMMITTEES/COMMISSIONS
1. Zoning and Planning Commission
Kristi Halverson reported for the Zoning and Planning Commission. The commission
held a public hearing on the vehicle storage ordinance. Only a few came forward
expressing approval of the ordinance. They also discussed and recommended
approval of the Miscellaneous zoning amendments, a front yard variance, and a sign
variance.
V. CONSENT AGENDA
1. Minutes of April 16, 2002 City Council Meeting
2. Minutes of April 23, 2002 City Council Work Session
3. Minutes of April 30, 2002 City Council Work Session
4. Ratify Prior Month's Disbursements
5. Approve Engineering Services Agreement CSAH 73/5 Utility Improvements
(CR2002-71)
May 7, 2002 City Council Meeting Minutes Page 1
Council Member Johnson made a correction to page two, paragraph one of the April 23,
2002 City Council Work Session Minutes. "Ms. Johnson suggested Metro Transit look
into partnering..." should read "Ms. Jensen suggested..."
Council Member moved and Council Member seconded a motion to approve the
Consent Agenda as amended. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Rowan, aye; Council
Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously.
VI. PUBLIC HEARING
1. Public Hearing, 2002 Alley Project (CR2002-72)
A feasibility study was ordered and approved, and a public hearing was set concerning
alley improvements in the 200/300 block between 19t" and 20t" Aves N. Hearing
notices were mailed to all effected property owners. Two information meetings were
held. Mr. Bot reviewed the scope of the project. The estimated alley construction cost
is $34,750. The estimated assessment is $13,951, $1,993 per lot. The rest of the
project will be funded by the storm sewer fund and PIR fund. The project will be
financed through the sale of bonds.
Mayor Maxwell opened the public hearing at 8:00 p.m.
No one came forward.
Council Member Brausen moved and Council Member Jensen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 8:01
p.m.
Council Member Rowan moved and Council Member Jensen seconded a motion to
adopt Resolution 2002-38, Resolution Ordering Improvement After Public Hearing, 2002
Alley Reconstruction Project, City Project 00-12, and companion Resolution 2002-39,
stating City's intent to sell revenue bonds to fund this project. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
2. Assessment Hearing, 2001 Street Improvement Project. (CR2002-73)
The 2001 Street and Utility Project was completed. Because 11 t" Ave S was split into
phases between the 2001 and 2001 Street projects, Council decided to assess the 2001
project at the same time as the 2002 project. A public hearing notice has been mailed
to all effected property owner. The total cost of the project is $1,332,367.26. The total
assessed amount is $510,626.05.
Mayor Maxwell opened the public hearing at 8:04 p.m.
May 7, 2002 City Council Meeting Minutes Page 2
No one came forward.
Council Member Brausen moved and Council Member Jensen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 8:05
p.m.
Mr. Bot responded to Council Member Johnson's question stating that the Finance
Director did an extensive study and determined that the interest rate charged on the
special assessments could be lowered from 8% to 7%. The new assessments tonight
reflect that interest amount.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt Resolution 2002-40, Resolution Adopting Assessment Roll, 2001 Street and
Utility Improvement Project, City Project 00-10. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
3. Assessment Hearing and award of bid, 2002 Street Improvement Project
(CR2002-74)
The City Council accepted bids for this project and ordered the public hearing on the
assessments. A public hearing notice was mailed to all effected property owners. Staff
recommended that Council award the project to Valley Paving following the public
hearing. The total cost of the project is estimated to be at $801,084.05. The amount for
assessment is set at $440,073.78.
Mayor Maxwell opened the public hearing at 8:10 p.m.
No one came forward.
Council Member Johnson moved and Council Member Brausen seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at 8:11
p.m.
Council Member Johnson moved and Council Member Rowan seconded a motion to
adopt Resolution 2002-41, Resolution Adopting Assessment Roll, 2002 Street and
Utility Improvement Project, City Project 01-10 and Resolution 2002-42, Resolution for
Award of Bid. A poll of the vote was as follows: Council Member Brausen, aye; Council
Member Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye;
Mayor Maxwell, aye. The motion carried unanimously.
VII. OLD BUSINESS
1. Tobacco License for 12 Suburban Square (CR2002-75)
At the April 16t" City Council Meeting, the Council continued this item for more
information. The applicant has submitted a statement, which states that tobacco cannot
take up more than forty per cent of the floor space in the store. A drawing showing the
May 7, 2002 City Council Meeting Minutes Page 3
dimensions of the floor space and displays was submitted. The applicant has agreed to
call for an inspection after the merchandise is set up and before the license is issued.
Council Member Brausen asked how the zoning regulations would be enforced. Staff
responded that Nancy Anderson would inspect prior to opening and that additional
inspections would be done on a complaint basis. City Manager Mielke suggested that
Council direct staff to review accessory uses with a view toward limiting accessory uses
such as tobacco even more than current ordinances.
Council Member Rowan moved and Council Member Johnson seconded a motion to
approve a tobacco sales license for 12 Suburban Square with the condition that a
satisfactory inspection is conducted prior to opening. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
Council Member Johnson moved and Council Member Jensen seconded a motion to
direct staff to look at accessory uses in B-3 zoning districts. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Jensen, aye; Council Member
Johnson, aye; Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VIII. NEW BUSINESS
First Reading, Vehicle Storage Ordinance (CR2002-65)
In the fall of 2000, the City Council directed the Zoning and Planning Commission to
consider amending the Zoning Ordinance regarding the number of cars that can be
stored on a residential lot. The Commission discussed a topic a month to review
various amendments to the ordinance. Several residents commented on the
amendments. Nancy Anderson reviewed the amendments. The ordinance will be
enforced on a complaint basis, except for the spring and fall sweeps done by the
inspection department. The Zoning administrator will investigate and enforce the
requirements. The Zoning and Planning Commission recommended approval of the
amendments.
Bob Shaw, 309 Monroe, said that 24 feet is not wide enough for a three car garage and
that the duplex behind him has two two-car garages with driveways that take over thirty
percent of the front yard. Mr. Shaw asked if the present and future Councils would be
granting variances to replace driveways. Council Member Jensen responded that lack
of an adequate drive way would be a clear hardship. Nancy Anderson responded that
the restrictions would be in front yards only. Jim Kerrigan said that staff could look at
adding language that would allow replacement of existing driveways before the second
reading.
Vince Schreier, 321 Madison Ave N, asked if all situations will be grand fathered after
the ordinance is passed. Staff answered that the conditions of the ordinance will be
enforced after the ordinance becomes effective.
May 7, 2002 City Council Meeting Minutes Page 4
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt Resolution 2002-34, approving Ordinance 2002-873, Making Amendments to the
Zoning Ordinance for first reading and directed staff to address the issue of driveway
coverage and width in section 550.01. A pall of the vote was as follows: Council
Member Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye;
Council Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
2. Front Yard Variance for 233 10-th Ave N (CR2002-67)
The applicant is requesting atwo-foot front yard variance to allow the construction of an
addition. The proposed addition will include a kitchen expansion and a front porch. The
required setback is 25 feet in the R-1-A zoning district. If the house has a front porch,
the setback for the porch is twenty feet. The applicant's home sits back more than the
homes on either side. If the variance is granted, the applicants home will still be further
back than the homes on either side. The Zoning and Planning Commission
recommended approval.
The applicants, Carey and Shealan Brendalen, appeared. They presented drawings,
elevations, and statements from the neighbors.
In response to Council Member Brausen's question, City Attorney Jerre Miller said that
the decision is legislative and needed to be backed by findings.
Council Member Brausen moved and Council Member Jensen seconded a motion to
adopt Resolution 2002-36, approving atwo-foot, front yard variance at 233 10t" Ave N.
A poll of the vote was as follows: Council Member Brausen, aye; Council Member
Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor
Maxwell, aye. The motion carried unanimously.
3. Sign Variance for Crossroads Center (CR2002-68)
The applicant is requesting a sign variance of 382 feet. The ordinance allows three
square feet of sign space per front foot of lot. The front of the lot faces 5t" St N and is
100 feet. The property is allowed 300 square feet. The building is being remodeled. All
of the old signs that were there under a grandfather clause were removed with the
remodeling. There is a pylon sign that was not taken down and will remain there under
a grandfather clause. The building is visible from four sides. signage is required for all
four sides. Mainstreet buildings are visible from the front and are given additional
signage if the back of the building is visible. The Zoning and Planning Commission
recommended approval.
Council Member Jensen moved and Council Member Rowan seconded a motion to
adopt Resolution 2002-37, approving a sign variance for more signage than allowed at
1541-1601 Highway 7. A poll of the vote was as follows: Council Member Brausen,
aye; Council Member Jensen, aye; Council Member Johnson, aye; Council Member
Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
May 7, 2002 City Council Meeting Minutes Page 5
4. First Reading, Miscel{aneous Zoning Ordinance Changes (CR2002-66)
At times, staff assembles sections of the zoning ordinance that need to be updated.
These amendments are to correct inconsistencies or problems that-staff have identified
or just to update the ordinance. Several of the proposed amendments are basic
housekeeping amendments. Ms. Anderson reviewed the changes. The Zoning and
Planning Commission recommended approval.
The Council discussed who is responsible for parking in the B-2 zoning district.
Council Members stated that they would like to discuss the definition of porches before
the second reading.
Staff said that the ordinance can be approved as is now and changed at second
reading.
Council Member Johnson moved and Council Member Brausen seconded a motion to
adopt Resolution 2002-35, approving Ordinance 0220-874, making amendments to the
zoning ordinance for first reading. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Jensen, aye; Council Member Johnson, aye; Council
Member Rowan, aye; Mayor Maxwell, aye. The motion carried unanimously.
5. Approve Change Order #2, Lot 500/600 Improvement Project (CR2002-70)
The change order, #2, in the amount of $75,483.49, is due to the soil corrections that
had to be made and for not reclaiming the lot 500 asphalt. Other items included in the
figure are an abandoned oil tank in lot 500, additional storm sewer costs, additional
gravel, additional excavation, grate replacement in Pedestrian ramp, sidewalk removal,
and additional electrical improvements.
Council Member Rowan moved and Council Member Johnson seconded a motion to
approve construction change order 2 in the amount of $75,483.49 pertaining to contract
work on Parking Lots 500 and 600 and 10th and 11th Aves N improvements and adopt
Resolution 2002-43, Resolution accepting work and ordering final payment, Project 98-
12. A poll of the vote was as follows: Council Member Brausen, aye; Council Member
Jensen, aye; Council Member Johnson, aye; Council Member Rowan, aye; Mayor
Maxwell, aye. The motion carried unanimously.
City Manager Mielke announced that the June 4th meeting is scheduled to start at 8:15
with an HRA meeting at 8:00 so that the Council can attend graduation.
IX. ADJOURNMENT
There being no further business, Council Member Jensen moved and Council Member
Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 9:55 p.m.
Respectively Submitted,
May 7, 2002 City Council Meeting Minutes Page 6
ATTEST:
Eu ne J. Maxwell, Mayor
May 7, 2002 City Council Meeting Minutes Page 7